Jeffrey J. Nelson & Associates, Inc. et al v. LePore et al
| Jeffrey J. Nelson & Associates, Inc. and Jeffrey J. Nelson |
| Peter A. LePore, Generative Learning Systems, Inc. and Expert OJT, Inc. |
| 4:2011cv00075 |
| May 5, 2011 |
| US District Court for the Eastern District of Virginia |
| Newport News Office |
| York |
| F. Bradford Stillman |
| Henry C. Morgan |
| Trademark |
| 15 U.S.C. ยง 1125 |
| Plaintiff |
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Filing
41
ORDER AND OPINION - Plaintiffs' Motion to Dismiss Defendants' Counterclaimis GRANTED IN PART and DENIED IN PART. Doc. 25. The Court DENIES the motion todismiss the counterclaim for breach of contract and GRANTS the motion to dismiss all rem aining counts of Defendants' Counterclaim. Further, the Court DENIES Defendants' Cross Motion to Dismiss for Lack of Personal Jurisdiction. Docs. 30-32. Defendants have requested leave to amend any counterclaims that the Court finds do not sufficiently state a claim upon which relief can be granted. Although Defendants have already had ample opportunity to prepare a Counterclaim, the Court will grant Defendants leave to amend such counterclaims within ten (10) days from the date of th is Order, if Defendants be so advised. The Court observes that the multiplicity of theories of recovery do not add to the persuasiveness of the Counterclaim. If Defendants take advantage of the opportunity to amend, Plaintiffs may file an answer to t he amended counterclaim within 10 (days). Additionally, the Court directs counsel to schedule a Rule 16(b) conference with its courtroom deputy within two (2) weeks of the date of this Order, as the Court will permit no further delays associated with the convoluted pleading schedule. Signed by District Judge Henry C. Morgan, Jr. and filed on 7/5/12. (jcow, )
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